Boom Logistics Limited T/A Boom Logistics Limited Summary

[2024] FWCA 3582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Boom Logistics Limited T/A Boom Logistics Limited

(AG2024/3298)

BOOM LOGISTICS CENTRAL QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 14 OCTOBER 2024

Application for approval of the Boom Logistics Central Queensland Maintenance Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Boom Logistics Central Queensland Maintenance Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boom Logistics Limited T/A Boom Logistics Limited. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2024. The nominal expiry date of the Agreement is 14 November 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Boom Logistics Limited, trading as Boom Logistics Limited, involved an application for the approval of the Central Queensland Maintenance Enterprise Agreement 2024. The applicant, Boom Logistics, sought to have the proposed agreement approved by the Fair Work Commission, which was necessary to formalise the terms and conditions of employment for the workforce under the agreement. The Fair Work Commission was tasked with ensuring that the proposed agreement complied with the Fair Work Act 2009, particularly in relation to the provisions that are mandatory for all enterprise agreements. The dispute centred on the compliance of the proposed agreement with these statutory requirements and the fairness of the terms negotiated between the employer and the employees.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved a detailed examination of the agreement's provisions to ensure they were in line with the legislative framework, which includes considerations such as minimum wages and conditions, dispute resolution processes, and other mandatory terms. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it provided for a fair and efficient process for resolving disputes. The applicant needed to demonstrate that the agreement was not only legally compliant but also fair and reasonable in its terms.

The Fair Work Commission, after thorough analysis, found that the proposed agreement met the necessary legal requirements and was made in good faith. The Commission was satisfied that the agreement provided for a fair and efficient process for resolving disputes and that it contained terms that were not less favourable than the applicable awards or the National Employment Standards. The Commission's decision was based on the comprehensive compliance of the agreement with the statutory framework and the evidence presented by the applicant regarding the negotiation process and the content of the agreement. The Commission approved the Central Queensland Maintenance Enterprise Agreement 2024, effective from the date of the decision.

The final orders of the Fair Work Commission included the approval of the Central Queensland Maintenance Enterprise Agreement 2024, which would now govern the employment terms and conditions for the workforce under the agreement. The approval was effective from the date of the decision, and the agreement was registered with the Fair Work Commission. The decision was made in accordance with the statutory provisions of the Fair Work Act 2009, ensuring that the agreement would be legally binding on both the employer and the employees.

Boom Logistics Limited T/A Boom Logistics Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established